Thomas H. MacLachlan

The respondent was sexually assaulted by her foster father while in the care of the provincial government.

She sued the Crown for vicarious liability and breach of non-delegable duty.

The Supreme Court of Canada, applying its companion decision in K.L.B. v. British Columbia, held that the Crown was not vicariously liable for the torts of foster parents and did not owe a non-delegable duty to ensure no harm came to foster children.

The Court also held that social assistance benefits received by the respondent must be deducted from her damage award for past loss of earning capacity to avoid double recovery, and that prejudgment interest on such an award should be calculated incrementally.

The respondent was injured when a large block of ice fell onto the highway, forcing him into a ditch.

The provincial Ministry of Transportation and Highways had hired an independent contractor to perform road maintenance, including ice removal.

The trial judge and Court of Appeal found the contractor negligent and held the Ministry jointly liable.

On appeal to the Supreme Court of Canada, the Court held that the Ministry owed a non-delegable duty to maintain the highways reasonably and could not escape liability by delegating the work to an independent contractor.

The appellant was injured when his vehicle skidded on black ice on a provincial highway.

He sued the province for negligence in failing to maintain the highway and respond to icy conditions in a timely manner.

The Supreme Court of Canada held that while the province owes a duty of care to users of its highways, the decision to keep the highway maintenance crew on a summer schedule was a policy decision exempt from tort liability.

Furthermore, the appellant failed to prove that the operational delays in dispatching a sand truck were caused by the province's negligence or that they contributed to the accident.

The appeal was dismissed.